Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-04-07

she Upised states 70 any psrsoa compisi%nins NM
mat he suffers wrong IL violation @ ms - ~
ssitution Of mo Upteed reasse 9, ma ns ,,st,.n.
MED right gusransssd 70 Dim oy 'ns' '''A =
n ns fa,J IN his suit he win take nothing ~
his viii but Will be amerced In money, -,
for his false ciamor. Tho eztent OF nis ssss s<~
The noiss WAS made. This n not On indicsmen,,
AZ common law for barratry. it muss y VII
upcsrrfood. The offence is set out 10 mo
agreed statement Of facts. lt hsn mss ~
snSs Isc mco Y n spRs: ss: c.s 70 me. ne me PED
toner. ROYAL. was convicted. sentsnced, eaa
ie nov In custody for exercising his rsghs - q 2
citizen of the United states tQcomplain N ~
courts for wrongs aud injury alleged " oe dons
MIN. and that such custody H. In violation Oh
mw and he IL discharged thorefrom.
Mr.. Royal was in Jail only about
twenty hours. The rest OF the time,
though nominally under custody OF tue
United States Marshal, he had the liber-
ty Of the city.
THE ISpEMSnYNa BOARD CASE.
Judge Bond yesterday delivered an
opinion in this case also, and refused
to epioin the Indemnifying Board from
indemnifying city and county treasu-
rers az authorized by Act Of Assembly.
Following is the opinion:
While We are of opinion that IN this case, so
far ss Jurisdiction is derived from the citizen
ship of the rartles or from the amount In con-
iroyorsy between them, the Court s poesessed
Of II, We are nevertheless convinced that the
bill must be dismissed.
The bill asks for an injunction 10 RESTRAIN
the defendants from paying out OF the public
treasury several judgments whicn have been
neceiyed against certain treasurers OF the COM
honwealth for trespass committed by thcm IN
therein for taxes after the tendsrof coupons-
The defendants In this action are known ssshc
Board Of Indemnity. and are appointed under
the set OF 1876. chapter si6
The first section OF that act ie a. follows:
!. Re il enacted by the Gelserai Assemby n
V{rmpie. That upon the application OF suy
cficer charged With the duty OF collecting or
settling taxes due the Commonwealth poar1,
! consisting OF the Attorney-jenersl, secretary
r OF the Commonwealth, Auditor OF Public Ac-
counts, Second Auditor, and Treasurer, shall
be authorized 10 ascertain aud allow 90 such
officer such sum or sums OF money as they may
deem Just and proper 10 cover any liability
| and expenses incurred by, and any loss or
damage accrued to, such ofiicer as the result of
his collecting or attempting TO collect. enforce
| or settle taxes due the Commonwealth; and
| for the amount so ascertained and allowed the
\ Auditor shall draw his warrant In favor OF such
| oficer upon the Treasurer, and the same shall
| be paid out OF money In the Treasury not
| otherwise appropriated. The said board may
| prescribe rules and regulations In reference 70
| such applications and allowances II they shall
deem proper 90 TO do; but no silch allowance
| shall be made unless the said board shall be
satisfied that such offcer used due dilieeuce in
| protecting and defending the interests OF the
| Commonwealth In the matter touching which
| such allowance Ia ssked for.
| This, In our opinion, gives the persons ap-
| pointed for the purpose Of indemnifying any
| oficer charged with the duty OF collecting or
| settling taxes due the Commonwealth the ex-
l ercise OF a judicial function. They are author
| iHed 70 ascertain and allow 70 such officer not
| what he claims but what the Board may deem
| lust and proper TO cover any liability such oi-
/ Ger may have incurred In collecting or settling
| taxes due the Commonwealth; but they are
| not authorized TO make any allowance until the
| Board 10 satisfied by evidence, inquiry, or
| otherwise that the officer making the claim
| used due diligence IN protecting and defending
| the interests Of the commonwealth touching
| the matter for which be claims allowance.
AS between the State and Its officers claim
| Ing remuneration or protection by it from loss
by reason Of II cir service 10 ID, this bo3rd n
| court OF claims appointed TO ascertain In euch
/ manner IA Il may provide what amounts are
4 ryoperly due by the State under the statute.
I bis cour, has not tho right 10 suppose that tho
1 Ioard Of Indemnity will remunerate tho trea.
sufers Of the state for a violation OF the laws
i OF the United states: and though the bill a.
| leges they arc about TO pay tho judgments
/ recovered IN this court against certain trca.
, surers who have committed trespGss In behalf OF
the State, yet H. In the judgment OF hat board,
/ given by The state the judicial authority u
| ad1udicate claims against and 10 draw moloy
from It's Treasury 10 pay them, such iudgme n -
| were recovered against the treasurers os h'
| result c( their collecting or attempting 10 collect
/ enforce or settle tdr6s due the Commonwealth
! within the meaning OF statute, we do not think
| though we may entertain IN entirely different
opinion. We are at liberty to reverse their judg'
1 In xrav